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IG Report Finds Cyber Info Sharing Works but Barriers Remain – Implications for Incident Reporting?

A recent Report to Congress from the Office of Inspector General (OIG) of the Intelligence Community addresses barriers to information sharing that Congress sought to promote in landmark 2015 legislation. This report may have...more

UPDATE: DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The proposed rule primarily...more

DOD Proposed Rule Solidifies Plans for CMMC 2.0 Program: Security Requirements, Assessments, Affirmations, and Some Flow-Down...

WHAT: The U.S. Department of Defense (DOD) has issued a proposed rule setting forth the requirements for its long-anticipated Cybersecurity Maturity Model Certification 2.0 (CMMC) program. The proposed rule primarily...more

SEC Breach Reporting Rules Effective as of December 18

For most filers, the U.S. Securities and Exchange Commission’s (SEC) new Form 8-K rules for reporting material cybersecurity incidents took effect yesterday, December 18, 2023. The rule has been controversial and created some...more

Important NDAA Provisions for Contractors and Their Supply Chains

On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more

House Select Committee on the CCP Issues Report and 150 Policy Recommendations Affecting Trade, Telecom, Government Contracts and...

Last week, the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) issued a comprehensive new bipartisan report, including almost 150 policy...more

New FCC Data Breach Rules Draw Criticism For Problems Beyond the CRA

There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much...more

Cyber Incident Reporting Guidance: DOJ Explains How It Will Determine if a Public Disclosure Poses Substantial National Security...

The cyber reporting landscape is rapidly shifting. Many agencies are developing rules, and a major player has been the U.S. Securities and Exchange Commission (SEC), with important questions arising about implementation of...more

Intelligence Gathering and FISA Section 702: Lots of Heat Obscures Important Practical Issues

As heated debate continues over possible changes to the Foreign Intelligence Surveillance Act (FISA), which is poised to expire later this month, we wanted to provide some perspective on a few practical issues. As former DOJ...more

FCC Sets January Deadline for International Section 214 Authorization Holders to Submit Foreign Interest Holder Information

On December 8, 2023, the Federal Communications Commission (FCC or Commission) released its anticipated information collection to update the Commission’s records regarding the foreign ownership of international Section 214...more

SEC Cyber Reporting Mandates: How to Request a National Security or Public Safety Delay

On December 18, the Securities and Exchange Commission's (SEC) new disclosure requirements go into effect and will require public companies to publicly report material cybersecurity incidents within four days of making a...more

FCC Expands Privacy and Data Protection Work with States to Increase Investigations

Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more

Ransomware Attacker Files SEC Complaint to Increase Pressure on Victim

The Black Cat/ALPHV ransomware group filed a complaint with the U.S. Securities and Exchange Commission (SEC) to allege that one of their victims failed to disclose a cyberattack to the SEC within four days, reports Bleeping...more

USTR Reverses Course on WTO Digital Trade Talks, Raising Congressional and Industry Concerns

The Office of the U.S. Trade Representative on Wednesday, October 25, rescinded its support for e-commerce proposals already advanced in World Trade Organization (WTO) negotiations, undermining the ongoing talks among 90 WTO...more

Update: FAR Council Proposes Pair of Major Cybersecurity Rules for Government Contracts

WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more

Cracks in the State Privacy Law Foundation: State Privacy Law Challenges See Success in District and State Courts

A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more

GAO Calls for Better Info-Sharing by ONCD and CISA After Cyberattacks; May be Inconsistent with New Mandates

Information sharing has seemed like the “holy grail” of federal cyber policy: sought after but elusive, especially to those who think it will solve their problems. At a time of increased regulation and looming mandates for...more

How to Fix the Cyber Incident Reporting Mess--DHS Weighs In [Audio]

Wiley’s cyber team talks about cyber incident reporting after a new report from DHS advising Congress on duplication of reporting regimes. With over 50 reporting requirements spread over 20 agencies, federal agencies and the...more

Federal Communications Commission Seeks to Revive Net Neutrality Rules

On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more

CTIA Highlights Wireless Cybersecurity at MWC

On day two of Mobile World Congress (MWC), CTIA hosted a panel on “Promoting Security in a 5G World.” The panel discussed ongoing efforts by regulators and the ways that the wireless industry is responding to a changing...more

DHS Calls for Critical Harmonization of Cyber Incident Reporting

On September 19, 2023, the Department of Homeland Security (DHS) released a Report to Congress (Report) on the Harmonization of Cyber Incident Reporting to the Federal Government. The Report reflects on the 52 in-effect or...more

Mobile World Congress 2023: Packed Agenda Promises Key Insights on Spectrum, IoT, Cybersecurity, and Wireless Industry Innovation

Next week in Las Vegas, the Mobile World Congress (MWC) will bring together policymakers, industry experts, and stakeholders across the wireless ecosystem to discuss critical issues impacting the industry. Hosted by trade...more

FCC Provides Guidance on International Section 214 Information Collection

The Federal Communications Commission’s (FCC or Commission) Office of International Affairs (OIA) recently released an Order in the agency’s ongoing proceeding related to its adoption of an Order and Notice of Proposed...more

FCC Kicks Off Voluntary IoT Security Label Program With Big NPRM

In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more

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